The Writ of Prohibition that stopped the 04/28/08 Hearing

[pinoy_guy]

came across the actual writ which stopped the april 28, 2008 court hearing. i think filipino nurses should read the material, as it could affect your chances to migrate to the u.s.

http://lawprofessors.typepad.com/laborprof_blog/files/writ_of_prohibition_final_version.pdf

http://lawprofessors.typepad.com/laborprof_blog/files/memo_of_law_on_writ_final.pdf

indictment number 00769a-k-2007, pending in the suffolk county supreme court, state of new york.

the indicted nurses claimed that what they did were federally protected activities, that the national labor relations board has exclusive jurisdiction.

they also claimed the criminal case violates the thirteenth and first amendments of the u.s. constitution.

amazing what some lawyers can do.

some of the published information had been transformed again.

1. housed in run down houses with rats -- houses with no heating

2. resigned as advised by vinluan -- resigned unbeknownst to vinluan

3. conspiracy to cripple sentosa operations -- self-organization

"employees shall have the right to self-organization to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection . . . " 29 u.s.c. 157.

it shall be an unfair labor practice..... for an employer. . . to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in section 7

4. they claimed to be at will employees, yet claimed that sentosa was guilty of violating the thirteenth amendment: freedom from slavery and involuntary servitude.

these two are mutually exclusive to me. if you're a slave, you're not at will.

what bound them were their contracts--especially the $25,000 buy out fee if they resigned before three years.

so please do not just sign contracts and plan to escape without any penalty.

in early 2006, the nurses began mounting a series of complaints . . . they had a number of concerns about the terms and conditions of their employment, including but not limited to, not being properly compensated for overtime; not being properly compensated for night shift differentials; not given proper paid holidays; short staffing; last minute shift changes due to lack of management and planning; they were made to do work that was supposed to be done by nurses aides and custodians, including changing sheets, taking out garbage, feeding patients, changing diapers.

again adjusted--they previously alleged not being paid the prevailing wages in the area--which was found to be without basis, as one of the nurses was paid up to $40 per hour--which most other nurses in the us are not getting as new nurses.

short staffing -- a lot of hospitals are doing this.

last minute shift changes due to lack of management and planning -- this happens a lot in us hospitals, when census changes.

they were made to do work that was supposed to be done by nurses aides and custodians, including changing sheets, taking out garbage, feeding patients, changing diapers

jebus. this is what nurses do. i had been doing this in my job as a nurse.

i change sheets when i transfer out or discharge a patient, and i'm getting an admission. i take out the garbage from the room and put it in the dirty utility room. i feed my patients. i clean up poop and change diapers.

these supposed nurses think that feeding patients and changing diapers are not part of their jobs???

on april 6, 2006, [vinluan] filed discrimination charges on behalf of the nurses with the office of special counsel for immigration related unfair employment practices in washington, d.c. the claim, brought under 8 u.s.c. 1324b, was based on the disparate treatment the petitioner nurses were receiving in comparison with their united states citizen counterparts. in short, the basis of the claim was that united states citizen nurses were hired directly by the facility, while immigrant nurses were not - they were made agency nurses.

does this mean that they should ban agency nurses in the u.s. as it's disparate treatment?

unbeknownst to vinluan, on april 7, 2006 the nurses resigned from their employment either at the end of their shifts or in advance of their next shift. they all used a form letter that they had agreed upon together.

from being advised by vinluan that they had the right to resign anytime because they were at will employees to resigning unbeknownst to vinluan.

31. to invoke protection under the national labor relations act merely requires two or more employees to act together, or a single employee to act on behalf of at least one other person.

from conspiracy to a labor activity.

smart lawyers.

32. among the collective rights protected by the act is the right to withhold labor, the most common form of withholding work being a strike.

33. absent a lawful waiver of the right to strike through a contract i.e. a

collective bargaining agreement, employees may withhold their labor at any time.

36. any interference with these rights is defined as an "unfair labor practice" by section 158 of the act.

38. in addition to the nlra's protections, the thirteenth amendment allows one to withhold labor.

39. nonetheless, several paragraphs of the indictment attack the nurses acting collectively to resign and address their grievances in proper forums as essential factual elements of the crimes for which they are charged.

40. for example, paragraph 14 of the indictment states:

it was the conspiracy's objective to obtain for the avalon garden nurses' alternative employment and a release from their three-year commitment to sentosa care without incurring a financial penalty of $25,000.00.

this is not only a legal objective, it is a federally-protected objective.

just wondering...if they win this case, does this mean that nurses in u.s. hospitals can withhold labor anytime they feel like it?

anytime includes middle of shift?

i'm getting confused.

anyway, just read the legal articles linked to get the facts straight from the source. (and not the angled newsday articles and press releases.)

what troubles me is that some people found this writ to have merit, and stopped the hearing.

do these people know what u.s. nurses do?

for laypeople, a professional being made to feed patients, change diapers, and throw out the trash might sound insulting...but that's what nurses do in some (if not all) u.s. hospitals.

if these nurses get off scot-free, this will be a precedent that nurses can break their contracts anytime.

fewer filipino nurses will be hired.

along with the news that california will have 10,000 nurses graduating this year...this means it will be much harder for filipino nurses to find jobs here in the u.s.